Commission on Law & Technology
|Working Group||Courtroom Technology|
|Date of Publication||November 20, 2013|
|Summary||Leading Practices in Courtroom Technology.|
|Applicable DLRPC (Rules)||1.0|
Disclaimer: The purpose of this leading practice is to provide the Delaware Bench & Bar with an understanding of an appropriate manner in which this technology may be used. There may be more appropriate uses; and the leading practice discussed might not be appropriate for a specific purpose. It is up to the individual to use well-reasoned judgment in making that decision. The Commission is not responsible for the consequences of the decision-making process.
- Delaware lawyers should understand the benefits and drawbacks of using technology in courtroom presentations.
- Pros & cons of using trial technology (expense, learning curve, backup plan)
- Impact on intended audience (judge v. jury)
- Consider as supplement to "traditional" evidence (i.e. photos, diagrams)
- Consider need to have in format viewable by jury or factfinder (formatting)
- Consider need to make a complete and accurate record
- Delaware lawyers should consider the various technologies available and whether the selected technology can be used in the forum.
- Available resources in each Court.
- Delaware lawyers should plan ahead and communicate their intended use of trial technology to the Court in advance of the scheduled event.
- Consider "reserving" a technology courtroom in advance; do not spring demands on Court at the last minute
- Consider need for specialized court assistance (generally a trained baliff)
- Consider practicing a "dry run" in advance of the scheduled event to work out kinks; communicate with Court staff to find good down time.
- Delaware lawyers should have an understanding of the rules of procedure and the rules of evidence applicable to the trial technology being used.
- Rules of Procedure
- Rules of Evidence
- Delaware lawyers should have a backup plan to account for any glitches that occur with the use of technology.
- Ability to transition to "traditional" presentation